An accused person is not entitled to bail if there is evidence against them and the trial is proceeding at an advanced stage.

Court No. - 76

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27001 of 2022

Applicant :- Amit Mishra @ Chhote Lalla

Opposite Party :- State Of U.P And 3 Others

Counsel for Applicant :- Gajendra Pratap Singh,Rakesh Pati Tiwari

Counsel for Opposite Party :- G.A.,Rahul Saxena

Hon'ble Sanjay Kumar Singh,J.

Supplementary affidavit dated 10.11.2022 filed in

Court today on behalf of the applicant is taken on

record.

Heard learned counsel for the applicant, learned

Additional Government Advocate representing the

State and learned counsel appearing on behalf of

the first informant.

By means of this application under Section 439 of

Cr.P.C., applicant Amit Mishra @ Chhote Lalla, who

is involved in Case Crime No. 102 of 2022, under

Sections 458, 363, 366, 376, 506 IPC and Section

3/4 POCSO Act, police station Bilsanda, district

Pilibhit, seeks enlargement on bail during the

pendency of trial.

As per prosecution case, in brief, the informant,

who is father of the victim, has lodged an F.I.R. on

28.02.2022 with regard to an incident which took

place on 26.02.2022 under Section 363, 366, 506

IPC against Amit Mishra (applicant), Janardan

Mishra, Manorama Mishra, Avnish Mishra and

Deepak Mishra alleging inter-alia that the applicant

has enticed away his minor daughter.

It is argued by learned counsel for the applicant

that the applicant has been falsely implicated in

this case due to village party-bandi and in fact, no

such incident took place as alleged by the

prosecution. The applicant does not have any

criminal history to his credit. Lastly, it is submitted

by learned counsel for the applicant that there is

no chance of the applicant of fleeing away from

the judicial process or tampering with the

prosecution evidence. The applicant is languishing

in jail since 02.03.2022 and in case, he is released

on bail, he will not misuse the liberty of bail and

cooperate with the trial.

Per contra, learned A.G.A. for the State as well as

learned counsel for the informant opposed the

prayer for bail of the applicant by contending that

the victim was recovered on 01.03.2022 and

thereafter her statements under Sections 161 and

164 Cr.P.C. were recorded in which she has made

allegation of rape against the applicant. After

culminated of investigation, charge-sheet has

been submitted only against the present applicant

Amit Mishra @ Chhote Lalla. It is also pointed out

that before the trial Court, five prosecution

witnesses have been examined including the

victim as PW-1 who has supported the prosecution

case making allegation of rape against the

applicant. Hence, bail application of the applicant

is liable to be rejected.

Having heard submission of learned counsel for

the parties and examined the matter in its

entirety, I find substance in the submission of

learned A.G.A. that the victim in her statement

before the trial Court has made allegation against

the applicant and five prosecution witnesses have

been examined and trial is proceeding which is at

the advance stage, therefore, I do not find any

good ground to release the applicant on bail.

Accordingly, the bail application is rejected at this

stage.

It is made clear that the observation contained in

the instant order is confined to the issue of bail

and shall not affect the merit of the trial.

However, the trial Court is directed to make an

endeavour to conclude the trial, expeditiously,

preferably within a period of nine months from the

date of production of a copy of this order without

granting any unnecessary adjournment to either of

the parties.

Order Date :- 11.1.2023

Kashifa

Digitally signed by :-

KASHIFA

High Court of Judicature at Allahabad